We hear the question ‘What’s going on with OSHA right now?’ …. And the response is, A LOT!

Common questions we’ve been receiving at the Gap Power Sales Counter, and some answers to them:

Q: I do work in the city of Philadelphia, and I hear they have an OSHA training requirement. What is it?

A: The city of Philadelphia has enacted a requirement that all employees on construction sites must have an OSHA 10 hour certification, and the foreman or a person in charge for each company must have a 30-hour certification. Copies of your actual cards MUST be supplied before your license is issued. It is very important to note that if you need to complete training in order to get your city of Philadelphia contractor license, regardless of who you obtain certification through, it will take 6-12 weeks to get your card. The city WILL NOT RENEW OR ISSUE A NEW LICENSE WITHOUT YOUR 10&30 HOUR CARDS IN HAND – THERE ARE NO EXCEPTIONS. It is in your best interest to plan ahead when doing work in Philadelphia.

Q: What’s the new injury reporting requirement I keep hearing about?

A: The old requirement was that fatalities and catastrophes (3 or more people admitted to hospital) were required to be reported. The new requirement is any fatality, hospitalization (only if actually admitted – treatment rendered and released does not require), amputation, or loss of an eye is required to be reported now. This took affect January 1, 2016.

There is also an addt’l requirement that has just been added for Establishments with 20-249 employees in certain high-risk industries (construction is included in the ‘high risk industries’) must submit information from their 2016 Form 300A by July 1, 2017, and their 2017 Form 300A by July 1, 2018. Beginning in 2019 and every year thereafter, the information must be submitted by March 2. This new requirement also applies to ALL companies with 250 or greater employees, regardless of whether or not their work is considered high risk.

Q: Is OSHA still out and about inspecting (in 2016)?

A: Yes. They may conducting fewer inspections due to additional work required from the new injury reporting requirement with no increase in budget or manpower since that has taken effect this year. More citations are being issued per inspection. Fall Protection is still by far the number one inspection reason and the number one citation for fines issued.

Q: I hear rumors citation costs have gone up, is that true?

A: Yes, Congress authorized an increase of roughly 80%, the first time they have been increased in 25 years. OSHA says the dramatic increase is to make up for the years of not increasing fines. This means that a first offense which used to carry a maximum $7,000 fine now has a maximum $12,471 per citation. This took effect August 1, 2016. Typically fines are issued 6-12 weeks after an inspection, so be looking for increased issued fines in the coming weeks.

Q: Has the silica dust standard I’ve been hearing so much about taken effect yet?

A: Yes, however OSHA has given construction until June of 2017 to comply. Essentially the new prevision requires wet cutting unless it is unfeasible to do so. If it is unfeasible, you will be required to contain your dust. The days of no dust abatement are gone. You can be guaranteed an inspection if a compliance officer drives by your jobsite, and there’s a concrete dust cloud rising from it. Note that general industry has until 2018 to comply.

PUSH BACK

In short, 2016 has been a busy year with OSHA. It is also noteworthy, that for the first time in years, both the silica dust standard and the OSHA 300 log submission requirements are being challenged in the legal system by various trade organizations, and also several safety organizations as well. These challenges will likely not totally eliminate the new requirements, but could end up in changes to them.

This being a presidential year, regardless of whom is elected, look for many changes at OSHA following the election, as Dr. Michaels, will be leaving office as the assistant secretary of the department of labor for OSHA. Those changes and what direction OSHA goes from here, will remain to be seen.